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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9614872
Regular
Nov 30, 2015

BRUNO SALAMA vs. UBER TECHNOLOGIES, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) denied Uber's Petition for Removal challenging the denial of their motion to compel the applicant driver's tax returns. The applicant sustained an industrial injury and claimed benefits, with Uber contesting his worker classification. The WCAB found that the tax privilege protects income tax returns and is not automatically waived by filing a workers' compensation claim. Furthermore, Uber failed to demonstrate significant prejudice or irreparable harm as alternative discovery methods exist to obtain relevant information regarding the applicant's income and expenses.

Petition for RemovalMotion to CompelTax ReturnsTax PrivilegeIndependent ContractorEmployee ClassificationBorello FactorsIrreparable HarmSignificant PrejudiceWCAB
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ3014811 (SFO 0511804)
Regular
Jul 09, 2010

ROBERT SULLIVAN vs. TASTE CATERING, FIRST COMP OMAHA

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the temporary disability rate calculated based on the applicant's estimated tip income. The Board found the applicant's uncorroborated testimony regarding tips lacked credibility, particularly due to contradictory tax return information. The matter was returned to the trial level for further proceedings, urging the parties to agree on earnings or present substantial evidence. This decision emphasizes that earnings calculations must be supported by substantial evidence, not just applicant testimony.

Average Weekly EarningsTips IncomeEDD Wage StatementIndustrial InjuryTemporary Total DisabilityPermanent and StationarySubstantial EvidenceCredible TestimonyTax ReturnUnderreported Tip Income
References
Case No. ADJ7279822
Regular
Jun 28, 2012

STEPHEN HOLBROOK vs. STEPHEN J. HOLBROOK TRUCKING, VANLINER INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found that the judge's calculation of the applicant's average weekly wage was not supported by substantial evidence, relying too heavily on the applicant's inconsistent testimony. The matter was returned to the trial level for further development of the record regarding the applicant's wage loss during temporary partial disability. Additional documentary evidence and testimony concerning contracts, expenses, and potential babysitting income are required for a fair assessment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardApplicantDefendantTemporary Total DisabilityTemporary Partial DisabilityAverage Weekly EarningsSchedule CIncome Tax Returns
References
Case No. ADJ8455911
Regular
Nov 20, 2013

SANDRA VACA vs. CAPISTRANO UNIFIED SCHOOL DIST.,, SCHOOL DIST.,, CORVEL CORP.

This case concerns a dispute over the correct temporary disability indemnity rate for an applicant who worked as both a substitute teacher and a self-employed realtor. The applicant's net income as a realtor, after expenses, was used for the calculation, not her gross receipts. The Board rescinded the original award and found the applicant entitled to $395.93 per week in temporary disability, affirming the use of net income and earnings up to her last day of work. The issue of attorney's fees was deferred.

Workers' Compensation Appeals BoardTemporary Disability RateAverage Weekly EarningsSelf-Employed IncomeGross ReceiptsNet IncomeEarning CapacitySubstitute TeacherIndustrial InjuryGross Income
References
Case No. ADJ7908593
Regular
Mar 19, 2012

LA WANNA MONTGOMERY vs. REACH LEARNING ACADEMY CENTER, SOUTHERN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address a discrepancy in the applicant's average weekly wage and temporary disability rate. The defendant challenged the WCJ's calculation, highlighting a significant difference between the applicant's tax return and evidence presented at trial. The Board rescinded the WCJ's decision and returned the case for further proceedings to resolve this discrepancy, which impacts the applicant's credibility. The WCJ must have the applicant explain the differing earnings figures.

Average Weekly WageTemporary Disability RateEarnings DiscrepancyFederal Tax ReturnW-2s1099sApplicant CredibilityIndustrial InjuryFibula FractureCEO
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ8139465
Regular
Apr 18, 2013

Robert Scharfe vs. VI-TEL, LUMBERMANS UNDERWRITING ALLIANCE

This case concerns applicant Robert Scharfe's petition for reconsideration of a workers' compensation award. Scharfe argued the administrative law judge erred in calculating his average weekly earnings, claiming the judge disregarded significant self-employment income. The Board denied reconsideration, affirming the judge's decision that Scharfe failed to provide substantial evidence of his self-employment earnings, as his tax returns showed a net loss. Additionally, the Board found no error in the admission of income declarations from Scharfe's child support cases, which contradicted his claimed earnings.

Robert ScharfeVi-TelLumbermans Underwriting AllianceADJ8139465Opinion and Order Denying Reconsiderationtemporary disability indemnityaverage weekly earningsself-employment incomechild support casesLos Angeles County Superior Court
References
Case No. ADJ6649763
Regular
Oct 30, 2009

LESLIE ADAM MACK vs. ATLAS VAN LINES, ZURICH AMERICAN INSURANCE, GALLAGHER BASSETT

Reconsideration granted; temporary disability indemnity rate to be calculated based on net income, not gross income.

Average weekly earningsTemporary disability indemnityGross incomeNet incomeIndependent contractorSpecial expensesRemunerationLabor Code section 4454Hupp v. Workers' Compensation Appeals BoardSelf-employment earnings
References
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